SAM AMBAR v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR RESIDENTIAL ASSET SECURITIZATION TRUST

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming lower court's decision to vacate the award after concluding that conditions 1 and 2 were met, without discussing conditions 3 or 4
• affirming lower court's decision to vacate the award after concluding that conditions 1 and 2 were met, without discussing conditions 3 or 4
• reviewing arbitrator's interpretation of the employer's right to fix hours and holding that the award—which failed to respect management's practice of using part-time employees—did not draw its essence from the agreement
• reviewing arbitrator’s interpretation of the employer’s right to fix hours and holding that the award—which failed to respect management’s practice of using part-time employees—did not draw its essence from the agreement
• “[t]he [Collective Bargaining] Agreement need not include provisions permitting management action on every conceivable employment matter; rather, on issues not discussed in the Agreement, management retains discretion”
• \The arbitrator's decision conflicts with express provisions in the Agreement and imposes requirements on ARH which do not flow from the Agreement itself. The Agreement explicitly reserves to management the power to direct the work force and fix the number of hours of work to the management.\

Source: CourtListener parenthetical corpus (CC0).